Woodland Tractor and Equipment v.. CNH Industrial America

Filing 27

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/11/18: Expert disclosure deadline continued to 6/29/2018. Non-Expert Discovery continued to 5/31/2018.The last day to hear dispositive motions and the accompanying Motion Hearing Schedule is hereby continued to 9/21/2018. (Kaminski, H)

1 R. Bryan Martin (Bar No. 221684)
[e-mail]
2 Laura Williams (Bar No. 286393)
[e-mail]
3 HAIGHT BROWN & BONESTEEL LLP
2050 Main Street, Suite 600
4 Irvine, California 92614
Telephone: [phone]
5 Facsimile: 714.754.0826
6 Attorneys for Defendant
CNH INDUSTRIAL AMERICA, LLC,
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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13 WOODLAND TRACTOR AND
EQUIPMENT CO., INC.,
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Plaintiff,
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v.
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CNH INDUSTRIAL AMERICA, LLC,
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Defendant.
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Case No. 2:15-CV-02042-MCE-DB
JOINT STIPULATION TO
CONTINUE DISCOVERY CUT-OFF
AND RELATED DEADLINES;
ORDER
The Hon. Judge Morrison England, Jr.,
presiding
Action Filed: August 17, 2015

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TO THE HONORABLE COURT:

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Plaintiff, Woodland Tractor and Equipment Co., Inc., and Defendant, CNH Industrial

22 America, LLC, by and through their respective counsel of record, hereby join in requesting that the
23 Court adjust the Pretrial Scheduling Order by continuing the discovery cut-off for both expert and
24 non-expert discovery, as well as the Motion Hearing Schedule in order to allow the parties to complete
25 necessary discovery and participate in a meaningful mediation.
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This request is based upon the following stipulation and statement of counsel:

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Pursuant to the Court’s Order [Dkt. # 24], all non-expert discovery is to be completed

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CA51-0000050
12519822.1

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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES

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Pursuant to the Court’s Order [Dkt. # 24], expert witness disclosures are to be made by

2 October 20, 2017.
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Pursuant to the Court’s Order [Dkt. # 24], the last day to hear dispositive motions is

4 January 15, 2017.
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Counsel for Plaintiff and Defendant have diligently and professionally worked together

6 to timely complete discovery. In addition to initial disclosures, the parties have exchanged multiple
7 sets of written discovery and requests for responsive documents, which was necessary before
8 commencing depositions. The parties currently are engaged in respective meet and confer efforts for
9 recent written discovery each has propounded on the other party.
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5.

To date, the parties have completed the following depositions:

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a) James Burnside (Defendant’s former employee) (Volume I)

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b) Jame Burnside (Defendant’s former employee) (Volume II)

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c) Brad Preston (Defendant’s employee)

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d) Gary Chaney (Defendant’s employee)

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e) Ray Duke (Defendant’s employee)

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f) Seth Tansey (Defendant’s employee)

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g) Jeff Huckins (Plaintiff’s President and CEO) (Volume I)

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h) Jeff Huckins (Plaintiff’s President and CEO) (Volume II)

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i) Jeff Huckins (Plaintiff’s President and CEO) (Volume III)

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j) Tari Vinson (Plaintiff’s former employee)

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k) Jason Brown (Plaintiff’s former employee)

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6.

The parties have scheduled private mediation for February 13, 2018 in hopes of

23 resolving this matter prior to trial.
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7.

The parties are also finalizing schedules for depositions of multiple 30(b)(6) witnesses

25 and four additional third-party witnesses in the event the case does not resolve at the February 2018
26 mediation. Additionally, the parties are currently waiting for one witness (a former employee of
27 Plaintiff) to recover from certain health conditions that to date have made him unavailable for
28 deposition.
CA51-0000050
12519822.1

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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES

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8.

Further, the parties have exchanged additional written discovery based upon the

2 testimony of the above-noted deponents. The parties have met and conferred, and continue to work
3 together to complete this outstanding discovery.
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In light of the foregoing, both parties acknowledge and request that the non-expert

5 discovery cut-off to be continued to complete all outstanding discovery. Both parties also
6 acknowledge that the expert disclosure deadline and dispositive motion deadlines have been
7 correspondingly impacted. In order for the parties to make complete expert disclosures and prepare
8 fully supported dispositive motions, the completion of all non-expert discovery must be done first.
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10.

As the parties have been cooperating to complete discovery as efficiently as possible,

10 have agreed to complete the outstanding depositions and potential additional discovery as soon as
11 reasonably possible in the event mediation is unsuccessful, have agreed that the completion of non12 expert discovery is necessary before completion of expert disclosures and dispositive motions, and
13 will participate in private mediation in February 2018, the parties request continuance of the non14 expert discovery completion deadline, expert disclosure deadline, and last day for hearing dispositive
15 motions (including the related Motion Hearing Schedule).
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11.

Accordingly, good cause exists to continue the non-expert discovery deadline and the

17 parties jointly request that the Court further amend the AMENDED PRETRIAL SCHEDULING
18 ORDER as follows:
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Event

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Completion of non-expert September 29, 2017
Discovery, as defined in
Section I of Dkt. #16
Disclosure of Expert Witnesses October 20, 2017

May 31, 2018

Last Day to Hear Dispositive January 15, 2017
Motions and accompanying
Motion Hearing Scheduling

September 21, 2018

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Current Deadline

Proposed Deadline

June 29, 2018

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CA51-0000050
12519822.1

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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES

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Respectfully submitted,

2 Dated: January 9, 2018

HAIGHT BROWN & BONESTEEL LLP

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By:

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8 Dated: January 9, 2018

/s/ Bryan Martin
R. BRYAN MARTIN
LAURA WILLIAMS
Attorneys for Defendant
CNH INDUSTRIAL AMERICA, LLC

KAHN, SOARES & CONWAY LLP

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By:

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/s/ Rissa Stuart
RISSA STUART
Attorney for Plaintiff
WOODLAND TRACTOR & EQUIPMENT CO.

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CA51-0000050
12519822.1

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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES

ORDER

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Upon reviewing the parties Joint Stipulation to Continue the Discovery Cut-Off and Related

3 Deadlines, and the Court finding good cause to modify its August 23, 2017 Order, the Court Orders as
4 follows:
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The current non-expert discovery completion date of September 29, 2017, is hereby continued

6 to May 31, 2018.
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The current expert disclosure deadline of October 20, 2017, is hereby continued to June 29,

8 2018.
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The last day to hear dispositive motions of January 15, 2018 and the accompanying Motion

10 Hearing Schedule is hereby continued to September 21, 2018.
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IT IS SO ORDERED.

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Dated: January 11, 2018

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CA51-0000050
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JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES

PROOF OF SERVICE

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2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 Woodland Tractor v. CNH
2:15-CV-02042-MCE-DB
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At the time of service, I was over 18 years of age and not a party to this action. I
5 am employed in the County of Los Angeles, State of California. My business address is
555 South Flower Street, Forty-Fifth Floor, Los Angeles, CA 90071.
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On January 9, 2018, I served true copies of the following document(s) described as
7 JOINT STIPULATION TO CONTINUE DISCOVERY CUT-OF on the interested
parties in this action as follows:
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Rissa A. Stuart, Esq.
Counsel for Plaintiff
Kahn, Soares & Conway, LLP
Tel:
559.584.3337
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219 North Douty Street
Fax:
559.584.3348
Hanford, CA 93230
Email: [e-mail]
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BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed
to the persons at the addresses listed in the Service List and placed the envelope for
collection and mailing, following our ordinary business practices. I am readily familiar
with the practice of Haight Brown & Bonesteel LLP for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in
the county where the mailing occurred. The envelope was placed in the mail at Los
Angeles, California.

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I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct and that I am employed in the office of a member of
17 the bar of this Court at whose direction the service was made.
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Executed on January 9, 2018, at Los Angeles, California.

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Sebrena Smith

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CA51-0000050
12519822.1

JOINT STIPULATION TO CONTINUE PRETRIAL DEADLINES